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(영문) 수원지방법원 안양지원 2017.10.24 2017고단1511
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a second cargo vehicle in B.

On April 5, 2017, the Defendant driven the above cargo vehicle at around 08:54, while driving the vehicle, and driving the two-lane road in front of the exit of Man-gu, Manyang-gu, Manyang-gu, Manyang-do, one lane in the direction of the inside of the Gu, at the boundary of the police station inside the Gu, at a speed of about 40km.

Since the bus stops are installed, and the passage of pedestrians is frequent, the driver has a duty of care to safely drive a bus after checking whether there is a person who is in charge of driving duty by checking well the right and the right of the bus.

Nevertheless, the defendant neglected this and did not discover the victim C (the 21-year old) who turns on the left-hand side from the right-hand side of the defendant's proceeding to the left-hand side, and received the victim from the front-hand side of the defendant's vehicle.

Ultimately, the Defendant suffered injury due to the above occupational negligence on the part of the victim, which focuses on the absence of any two main points in the open medical treatment of approximately 12 weeks, such as cerebral cerebral cerebrovas, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of intent of E (whether serious harm is inflicted);

1. Application of Acts and subordinate statutes to an accident scene photograph and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The reasons for sentencing under the sentencing guidelines] - The basic area (from April to one year) of the types of general traffic accidents (the injury caused by traffic accidents) - Special mitigation (the special mitigation) - If the injured party was at considerable negligence in the occurrence of traffic accidents or the expansion of damage, then the injured party (the first type) / [the decision of sentencing] where the injured party was at fault / [the decision of sentence] favorable circumstances: The accused is at fault; the Defendant is at fault; the victim is at fault; the victim is at the fourth-lane road.

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